Pa Work Injury Law: March 2011

Friday, March 25, 2011

Man Mauled By Bear After Smoking Marijuana, Covered By Workers' Compensation

I call this good lawyering.....

The Montana Supreme Court has upheld a Workers' Compensation Court ruling that about $65,000 in medical bills incurred by a man who was mauled while feeding the bears at a tourist attraction should be covered by workers' compensation, despite the fact the man had smoked marijuana on the day of the attack.

Brock Hopkins filed a claim with the Uninsured Employers' Fund in December 2007, saying he suffered injuries to his legs and buttocks when he was mauled by a bear at Great Bear Adventures near Glacier National Park on Nov. 2, 2007. Hopkins was treated for his injuries at a Kalispell hospital.
The UEF denied Hopkins' claim because Hopkins had smoked marijuana before entering a bear enclosure. The fund also argued that Hopkins was acting outside the scope of his duties.
The Workers' Compensation Court ruled last June that Hopkins was an employee and noted that while his "use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most," there was no evidence presented regarding Hopkins' level of impairment.
The WCC found that grizzlies are "equal opportunity maulers" without regard to marijuana consumption.

Friday, March 11, 2011

New "Workers' Comp" sitcom....seriously...

From Hollywood Reporter:

Morgan Fairchild has been tapped to star in the comedy pilot presentationWorkers Comp.

Charley Koontz, Robert Carradine, Castille Landon and Jennifer Lee Wiggins also star in the independently produced project, which centers on a family insurance business owned by Joan (Fairchild) and the workers comp claims -- often extremely bizarre -- that they are forced to manage.

Just one more way for the insurance industry to paint our clients as fakers, frauds and crazies.

Gas Industry Truck Crashes

Many of our clients, either workers' comp clients or personal injury clients, come to us due to work related car or truck crashes. As you can tell by merely reading the Towanda Daily Review or the Sayre Morning Times, the amount of crashes in Bradford County has increased significantly. This is all related to the boom in the Marcellus Shale gas drilling. It seems like every other day there is news of another fatality due to a gas drilling truck accident. Below is an article from a Missouri lawyer about the specifics of truck crashes and their differences with car crashes.

Over the last few weeks there have been quite a few tractor trailer truck accidents and bus accidents. Inclement weather like we've been experiencing has been responsible for many of these truck accidents, but accidents occur even in the best of conditions. If you or a family member is hurt in an accident, it is important you understand the difference between truck and bus accidents and passenger vehicle accidents. The difference is important.

The first difference is plain to see, due to the size of vehicles such as trucks, busses, and other forms of commercial transportation accidents are far more likely to lead to serious injuries or even fatalities than accidents with passenger cars and trucks.

The next difference is not that obvious. There are a lot of people out there who assume that truck accident laws are the same as car accident laws. That is not the case.

There are many more laws and regulations controlling the operation of commercial motor vehicles than those that regulate driving the family station wagon. If you think about it the extra laws make sense. These vehicles are big, they sometimes carry dangerous cargo, they are on the road for considerably more time, and they often have more equipment which provides greater opportunity for failure. The laws providing oversight for the commercial vehicle industry and specifically for tractor trailers require trucks to be routinely maintained and inspected in order to prevent catastrophic failure. They require the vehicle to be driven in a safe manner (there are more types of traffic tickets that can be issued to commercial vehicles and regular tickets are harder to fight when you have a CDL). Also, there are many rules and regulations meant to supervise driver conduct. Drivers can only drive for so many hours and must rest for specific periods of time before they can drive again. In my opinion, the violation of any of these rules and regulations instantly makes the driver and the trucking company liable for the injuries that result.

A final difference is who could be held responsible for the accident. In an accident between two passenger vehicles the fault generally lies with one of the drivers. Commercial vehicle drivers are usually driving for work. This means that if they act inappropriately, were acting within the terms of their employment, or shouldn't have been allowed to drive the company might be responsible for the driver's accident. Not to complicate the issue; there are also scenarios where what the driver is hauling or what vehicle they are driving can bring more responsible defendants into the case. An accident with a vehicle such as a commercial truck could put any number of parties at fault, including: the truck driver, truck leasing company, the truck's maintenance company , the manufacturer of the truck, the loading company, or even the municipality or county government who maintain the road where the accident happened.

If you're involved in a truck accident or bus accident, you should start by following the steps you normally would take after being involved in an accident. However, truck accident will require extra work by the victim or the victim's attorney because there are more records and evidence to track down, and this information must be gathered immediately. These include the name of the trucking company and all the DOT numbers on the truck and the trailer. In some instances you must also recover the "black box" information from the computer that records certain information about the truck's speed, braking, and other accident related information.

Truck accidents will most likely involve a corporate legal team working against you. Truck and bus companies are, after all, usually big corporations. They have legal departments whose sole responsibility is handling cases like your accident. There will be experts and investigators lined up and ready to respond to an accident at any time. Often times the trucking company will have a lawyer and a legal team respond to the accident along with the police and ambulance. Those companies will have a team of lawyers representing them; you need an experienced truck accident lawyer representing you.

James Brown is a Missouri injury lawyer in St. Louis. If you are hurt in a car accident you need to know the common mistakes car accident victims make when talking to insurance adjusters that ruin their accident claims. Request a free copy of his Missouri accident guide, "I Survived! The Crash Victims Guide to Surviving the Aftermath" at his website http://www.themissouriinjurylawyer.com

Successful Case Results

Dandy Mini Mart back injury Lump Sum Settlement - $157,000.00

A 38 year old woman who worked as a clerk at a local Dandy Mini Mart suffered a serious work related back injury several years ago. After the employer, Dandy Mini Mart, denied her claim, James R. Carroll, Jr., Esquire litigated her case and won, forcing Dandy Mini Mart to pay for back surgery and wage loss benefits. After several years of being on workers' compensation, Jim negotiated a lump sum settlement with Dandy Mini Mart in the amount of $157,000.00-- $70,000.00 was a lump sum paid to the injured worker and $87,000.00 was paid to the injured worker to pay for her future medical treatment, which consisted mostly of monthly prescriptions.

WalMart Truck Driver Lump Sum Settlement - $150,000.00

46 year old Walmart truck driver who was involved in a work related truck accident. The client suffered from a back injury. He was on workers' compensation for a few years then returned to part time driving. We settled his workers' compensaiton case for a lump sum of $150,000.00.

Bridge Construction worker with herniated discs in neck - $385,000.00

43 year old male who was a highly paid bridge construction worker injured his neck while lifting on the job. He ultimately had to undergo two cervical surgeries to repair herniated discs in his neck. Thereafter, he developed RSD or Complex Regional Pain Syndrome in his left arm. He ultimately lost the use of his left arm for every, practical uses. He also started experiencing the same symptoms in his right arm, all stemming from the neck injury.Carroll & Carroll, P.C. filed litigation. The insurance company accepted responsibility for the work injury and even agreed that the claimant lost the use of his left arm. However, the workers' compensation insurance company disputed the relatedness of the right arm. The case settled for $385,000.00 which is a record settlement for Carroll & Carroll, P.C. in a workers' compensation case. Also part of the settlement is that the insurance company has agreed to pay whatever medicare set aside amount is required by Medicare.

Repatative Use Injury to Arms - $175,000.00

53 year old woman had worked at a label making plant for over 20 years. Several years ago, she began having pain in her right arm when she would perform her highly repetitive duties making labels for clothing. When she was restricted to one arm work, she had to use her "good" arm too much and began suffering the same symptoms in the left arm.
Carroll & Carroll, P.C. filed a claim petition against the employer and won the case. The workers' compensation judge ruled that the claimant first suffered a right arm epicondylitis and then, due to over-use, suffered the same condition in her left arm later in her employment. An interesting twist in this case was that each "arm injury" was covered by a different insurance company due to the time the injuries arose.

Eventually, Carroll & Carroll, P.C. was able to secure a settlement for the claimant that protected her future medical bills and allowed her to retire with no financial worries.

Loss of use of arm for lumber yard worker - $150,000.00

27 year old male who was working at a local lumber yard injured his arm on a piece of the industrial machinery used to plane wood. While clearing out pieces of debris from the machine, another employee turned it on, locking the client's arm in the machine and causing injury. The client's arm was significantly injured, needing many surgeries.Carroll & Carroll, P.C. filed a petition to force the workers' compensation insurance company to pay the client specific loss benefits. These are benefits an injured employee receives when he/she loses the use of a body part. We argued that the client lost the use of his arm due to the injury. We eventually settled the case for a lump sum payment of $150,000.00. Also, the client is on social security disability. Carroll & Carroll, P.C. has also filed a product liability lawsuit against the manufacturer of the machine due to it being defective for not having proper safeguards designed into the machine.

Construction worker broke leg requiring surgery - $145,000.00

While on a job site, a 45 year old construction worker tripped over some boards, breaking his leg. The break was so bad that surgery had to be done to place screws and plates to mend the bones. Unfortuneately, the client's leg was so disabled that he could not return to construction work. Further, the client developed RSD or what is now referred to as Complex Regional Pain Syndrome. Carroll & Carroll, P.C. was able to win the client's comp benefits after the insurance company denied him what was owed to him. Further, we were able to secure Social Security Disability benefits for the client, then settle his workers' compensation claim for $145,000.00. After the comp settlement, the client will continue to receive his monthly SSD check plus have all of his medical bills paid for through Medicare.

Shop Teacher Amputates Fingers on Table Saw - $125,000.00

A Vocational Tech teacher for a local school severely injured his hand while using a table saw in shop class. Even though the teacher returned to work after a brief period, Carroll & Carroll, P.C. filed a claim for the "specific loss" of use of several fingers.

We were able to prove that the teacher had loss the use of three fingers either through outright amputation or severe damage. The case was ultimately settled for a lump sum of $125,000.00 including the payment of all medical bills and the waiver of the workers' compensation lien against any recovery from the product liability case against the table saw manufacturer.

Lumbar Surgery - $110,000.00

38 year old male injured his lower back while lifting something heavy at work. He eventually had lumbar spine surgery and was totally disabled. He had been on workers' compensation for many years before coming to Carroll & Carroll, P.C. for help in getting some medical bills paid.
We made sure he was approved for Social Security Disability and Medicare. Then we settled his workers' compensation case for $110,000.00. Now the claimant does not have to worry about his benefits being cut off or looking over his shoulder all the time worrying that someone was watching him. He did not have to go to hearings anymore and could move on with his life.

Loss of Use of Hand - $110,000.00

60 year old woman had her hand trapped in a conveyor belt while working at a local cabinet making plant. After several surgeries on her hand and a partial amputation of her index finger, she no longer had much use of the hand. The lawyers at C&C Law filed a petition for specific loss of use of her hand. We put on such a good case that we were able to settle her case for a $110,000.00 lump sum payment plus continued medical coverage for 2 years.

Blister On Foot Nets Big Comp Settlement - $90,000.00

45 year old male who injured his foot at work causing swelling. Because he continued to keep working with the swelled foot, a blister appeared due to his tight fitting shoe. Unfortunately, the blister became infected with MSR. The employee went through many surgeries and loss of a few toes due to the infection. Complicating matters was the fact that the employee had pre-existing diabetes that was obviously not related to work and that contributed to the infection not healing. So, the insurance company argued that the employee's current condition was not related to the original work injury but to his diabetes.

Carroll & Carroll, P.C. filed a Specific Loss petition claiming that due to the many surgeries and infection and loss of a few toes, the claimant had loss the use of his entire foot as if it was actually amputated. Also, there was a question as to jurisdiction of the case. The insurance company wanted to have the case heard in either Maryland (where the original foot injury occurred) or New Jersey (where the employer's corporate headquarters was located) or in New York (where claimant lived), three states that are not as good for injured workers as Pennsylvania.

We were able to negotiate with the insurance company to have the case heard in Pennsylvania. Also, we were able to get all of the medical bills paid. Further, we were able to convince the insurance company that the claimant actually loss the use of his foot. The case was settled for a lump sum of $90,000.00. Also, the claimant was approved for Social Security Disability so he will be receiving monthly benefits in order to pay his living expenses. Further, he was approved for medicare so his future medical bills will be paid.

Shoulder rotator cuff tear with surgery - Shoulder rotator cuff tear with surgery- $85,000.00

A 49 year old woman injured her left shoulder while working at a plastic bag manufacturer. She ultimately had two surgeries to repair a torn rotator cuff. She was eventually returned to work light duty work, but her employer did not have any light duty available.Carroll & Carroll, P.C. forced the insurance company to pay some medical bills and prescriptions that were outstanding. Eventually, the client wanted to settle her case. C&C Law was able to negotiate a lump sum settlement of $85,000.00. Further, we made sure that the client's future medical bills would be covered by other insurance.

Work related back injury but no surgery - $80,000.00

A 26 year old man injured his back lifting something heavy while working at Proctor and Gamble in Meshoppen, Pennsylvania. The client was off work due to his injuries despite the fact that P&G wanted him to come back to work on light duty. The client did not have surgery on his lumbar spine. We were able to settle the case for a lump sum amount for $80,000.00.

Arm Caught In Defective Conveyor Belt In Meat Plant- $500,000+

A 29 year old meat processing worker had his arm caught in a defectively designed conveyor system that lacked the proper guarding. Worker suffers from severe brachial plexus injury to arm and shoulder. We were able to litigate the issue of "specific loss of use" of the arm and won that issue. After settling a third party persoanl injury case against the manufacturers of the conveyor system for a multi-million dollar amount, we settled the workers' compensation case for a lump sum amount that included the establishment of a Medicare Set Aside account that will pay for the injured employee's medical bills for the rest of his life. We also were able to settle the wage portion of his claim that paid him a few hundred thousand lump sum, above and beyond what was paid in the third party case.

GAS INDUSTRY WORKER TRIP AND FALL ON PIPE- $230,000.00

A 58 year old Marcellus Shale Gas Industry worker tripped over a pipe on a well pad site and fell, injuring his ankle. Unfortuneately, the original injury turned into Complex Regional Pain Syndrome (formerly called "RSD") which causes severe pain disability in the affected area. The workers' compensation insurance company disputed that the worker had Complex Regional Pain Syndrome and filed a petition to stop the weekly wage benefits and medical benefits. We were able to keep the wage benefits coming so the employee and his family wouldn't become destitute. Eventually we were able to negotiate a lump sum settlement with the insurance company for $230,000.00.

Client Testimonials

Workers Compensation:

At first I was afraid to contact an attorney because I thought it might affect my job. But the staff and attorneys at Carroll & Carroll, P.C. set me at ease right at the start of my case. They were all very helpful. All of my questions and concerns were always answered. And I was very satisfied with the settlement of my case. This is a very caring law firm and that's why I would recommend them to my family and all of my friends. They helped me gain more self confidence than I had before.

Shirley Goble
Athens, PA

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Dog Attack:

I found your firm to be very caring which made me feel comfortable even though I wished this never happened to me. Everyone that I came into contact with at the office treated me with respect and individual attention. I truly believe I was given the best advice and was in truly caring hands.

Betty Lewis
Towanda, Pa
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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations and everyone who works there was very helpful. Without C&C, I couldn't have kept my wits about me. Nor would I have got the settlement that I did. I would recommend C&C Law to everyone. Thank you so much!

Gary Martz
Chemung, NY

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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations. Everyone at the firm went above and beyond for my case. I would recommend Jim Carroll to everyone. Overall, I was satisfied with the settlement of my workers' compensation case.

Terry Plumely
Painted Post,NY
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Workers' Compensation:

I want to thank all of the staff at Carroll & Carroll, P.C. I can't pick just one, they all went above and beyond and were so nice. Thank you for working so hard on my case. Because of the successful outcome I was able to travel to Texas to visit my son.

Gordon Collins
Horseheads, NY
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Workers' Compensation:

I want to thank you for all the time you and your staff has put into my case. You will never know how much it means to me and how much of a weight has been lifted off of me knowing that all of you are so good to me and that you are there for me. Thank you from the bottom of my heart.

Dorothy Leckie
Mifflinville, PA
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Workers' Compensation:

I thank God I went on the internet and found your law firm. You have helped change my life and added some years that are stress free. My family says that I was a changed person once I talked to Jim and Carla about my case and my future employment opportunities. Thank you all.

Jo Ann Daly
Sayre, PA
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Workers' Compensation:

Before my work injury, I could have done any kind of work. Now I can't. But Jim and Carla taught me a lot about Pennsylvania's workers' compensation system and won my case for me. They were always there to answer my questions and keep me up to date on my case. Even though I was afraid to hire an attorney at first, Carroll & Carroll, P.C. greatly exceeded my expectations. I've already referred family and friends to them.

Donna Pozzi
Towanda, Pa
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Work Injury:

Although I was afraid to hire an attorney at first, Jim answered all of my questions and made me feel a lot better. Carroll & Carroll, P.C. exceeded my expectations and I received a lot more money for my injuries than I thought.

Carl Button
Wyalusing, Pa
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Slip and Fall:

Right from the beginning Jim answered all of my questions and was very patient with me. I was terrified of lawyers because there are a lot of shifty lawyers out there. The staff of Carroll & Carroll, P.C. was so helpful. Carla did so much for me, even travelling to Philadelphia when I had to see the insurance company doctor. I'm so satisfied in in outcome that Jim got for me. I'm financially secure now and don't have to worry about suporting myself and my family. I've already referred friends and family to Carroll & Carroll, P.C.

Lisa Spinner
Barton, NY
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Workers' Compensation:

All I can say is that they didn't quit on me. My case was a long battle but Jim won it. Then he was able to get me a great settlement that made me financially secure in my retirement. They treated me like I was part of the family.

Sandy Henry
Sayre, Pa
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Workers' Compensation:

I wasn't sure I had a case but Jim was very helpful and reassuring. I don't have to worry about my medical bills. Jim made sure that they were taken care of. He always kept me informed and was quick to answer to emails. I would recommend Carroll & Carroll, P.C. to everyone!

John Bryerton
Sayre, PA
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Workers' Compensation:

The way Jim took over and handled everything was unbelievable. I didn't receive checks for months but as soon as Jim started working on my case I began receiving my checks again. I first went to a "big wig" firm but they did nothing for me. When I called Jim I got put right through or he would always return my calls. He even negotiated a great settlement for me that helped me move on from my injury and support my family.

Andrew Glover
Laceyville, Pa
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